GNLU - Training Program on Military Laws and Practices
Gujarat National Law University is organizing a training program on Military Laws and Practices.
Duration: 26th July - 1st August, 2015
Venue: Gujarat National Law University, Gandhinagar, Gujarat
Indian Military Laws have its origin from British Military Laws, primarily because of British Rule in India. Before independence, the Indian Army was largely governed by the provisions of the Indian Army Act 1911, Indian Army Rules 1911 and the Regulations for the Indian Army. But after the commencement of our Constitution, necessity was felt to revise those Rules so as to modify the existing provisions in accordance with the new Constitutional provisions, to make the Act self sufficient by incorporating provisions of other enactments, to bridge the gap between Army and various civil laws relating to punishment and to remove the disparity between similar provisions of law applicable to the Armed forces of India. As a result of this The Army Act, 1950; The Air Force Act, 1950 and The Navy Act, 1957 were enacted. There was no provision for Appeal in these Acts from the orders of Court Martial.
The Hon'ble Supreme Court in Lt. Col. Prithi Pal Singh Bedi etc vs. Union of India & Others observed that absence of even one Appeal from the order of Courts Martial is a glaring lacuna in the country regarding the rights of the Armed forces personnel. In the light of this Judgment, The Army Act was amended in 1992 but it could not fully implement those observations. The 169th Law Commission Report stressed on the need for amending provisions of the Army Act (1950), the Air Force Act (1950) and the Navy Act (1957) and as a result, The Armed Forces Tribunal Act, 2007 was passed. Prior to the establishment of the Armed Forces Tribunal, defence personnel had no other option but to approach the High Courts or the Su-preme Court by way of writ petitions from the orders of Court Martial. The Armed Forces Tribunal Act 2007 provides for the establishment of Armed Forces Tribunal and its branches thereof and these Armed Forces Tribunals are provided with original as well as appellate jurisdiction. The Tribunal is not bound to follow the Code of Civil Procedure, 1908 but the members must ensure that the principles of natural justice are strictly adhered to.
Military legal system in India was designed and implemented after the Mutiny of 1857 to prevent such situa-tions to occur in the future. The political situation of the country at that time was different and no considera-tion of Human Rights was given by the British Government. The system might have been the necessity of the times but in the present era of welfare state, the concepts of Human Rights, Fundamental Rights of the Armed forces personnel cannot be neglected. In the present times, there is a need to value Rules of Natural Justice, Human Rights, and International developments in Military Laws in other countries of the world. The present course contains the various facets of human rights and fundamental rights and military justice system in India with comparative study of military justice systems in USA and UK.
- An Indian citizen
- An officer on probation or on active duty as a commissioned officer
- A college graduate
- To provide knowledge on contemporary and advance issues and practices of the military laws and practices in an intensive manner;
- To discuss, analyse and forecast the state practice of India on military laws and future operational challenges and issues at officers' level;
- To acquire an understanding of the issues and challenges of military laws and practices in major seafaring nations.
07 days (6 hours daily) followed by daily group discussion, four lectures, each of 1.5 hours (with 15 minutes break)
Batch-size: 30 participants
The course will consist of Lectures (including video lectures), seminar and documentary. Each candidate will be required to undertake 250 pages additional self-study in advance prior to commencement of the course.
Each candidate will be provided with reading material consisting of essential laws, articles, reports and case-law abstracts.
INR 15,000 including registration, lodging & boarding, tuition fee, study material, cultural visits, exams & access of online legal databases like West Law, Manupatra, J-store, Heinonline, Cambridge University Publication E Books, Oxford University Publication E Books, Oxford University Publication E Reference Books, World Bank E-books, and the legal database software of AIR, GLH and GLR.
To promote the participation of students in the Program, special concession in the fee is provided by the University. For students participation fee is 10,000/- including all the above facilities.
Demand Draft in favour of the Gujarat National Law University, payable at Ahmedabad
Prof. (Dr.) Bimal N. Patel
Director, Gujarat National Law University
Mr. Virendra Singh Thakur
Teaching and Research Associate
Gujarat National Law University
Gujarat National Law University
Attalika Avenue, Knowledge Corridor, Koba
Gandhinagar - 382007, Gujarat